How your attorney may challenge evidence in your DUI case: Part II

Jul 24, 2014

How your attorney may challenge evidence in your DUI case: Part II

Posted By
Sutton & Janelle, PLLC

In our last post, we discussed common strategies that a defense attorney
might use to help his clients fight drunk-driving charges. These tend
to focus on the accuracy of blood and breath-test results, the legitimacy
of the traffic stop and any procedural mistakes that the arresting officer
might have made.

There are other defenses to drunk driving as well, but they tend to be
less commonly used. In today's post, we'll share some of these
with help from the legal information website
FindLaw.com.

Two defense strategies involve sincere misjudgments about being impaired/intoxicated
or not knowing that you ingested alcohol. In the case of the latter defense
strategy, you may argue that you did not knowingly ingest alcohol, and
that the drinks served to you (likely at a party) were "spiked."
Some have also successfully argued "mistake of fact," meaning,
for example, that they honestly believed that the effects of a legal,
prescription drug had worn off.

DUI defendants are also sometimes able to demonstrate that they knowingly
drove drunk but that their decision to do so was motivated by absolute
necessity. Examples could include driving a friend to the hospital in
a life-or-death emergency because you are the only one around and you
could not get cellphone reception to call 911.

Finally, some defendants may argue that their drunk driving was law enforcement
entrapment. Be warned that this defense is very rare and difficult to
prove. The defendant must be able to demonstrate that he or she would
not have driven if they hadn't been encouraged or asked to do so by
a law enforcement officer.

As we mentioned earlier, these DUI defense strategies are less common than
most, and may be more difficult to use successfully. The important takeaway
message is that if you have been charged with driving under the influence,
you often have legitimate options other than simply pleading guilty. An
experienced criminal defense attorney can weigh the evidence, inform you
of your options and help you make the decision that is right for you.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.